Pugh v. Payne, No. 4:2020cv00362 - Document 12 (E.D. Ark. 2020)

Court Description: ORDER approving and adopting 10 Findings and Recommendations in all respects; and denying the certificate of appealability. Signed by Judge Billy Roy Wilson on 08/19/2020. (ajt)

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Pugh v. Payne Doc. 12 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION EDDIE L. PUGH VS. PETITIONER 4:20CV00362 BRW/PSH DEXTER PAYNE, Director of the Arkansas Department of Correction RESPONDENT ORDER I have received proposed Findings and Recommendations from Magistrate Judge Patricia S. Harris. After careful review of those Findings and Recommendations, the timely objections received thereto, and a de novo review of the record, I approve and adopt the Findings and Recommendations all respects. Judgment will be entered accordingly. Pursuant to 28 U.S.C. § 2253 and Rule 11 of the Rules Governing Section 2554 Cases in the United States District Court, the Court must determine whether to issue a certificate of appealability in the final order. In § 2254 cases, a certificate of appealability may issue only if the applicant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(1)-(2). I find no issue on which petitioner has made a substantial showing of a denial of a constitutional right. Accordingly, the certificate of appealability is denied. IT IS SO ORDERED this 19th day of August, 2020. Billy Roy Wilson UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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